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Home My WebLink About20231211_Release-ISLOC_10-62 �dio,STAr-Q, ROY COOPER Governor ? i' - r ELIZABETH S.BISER Secretary Q AM VIOL WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality December 11, 2023 Certified Mail Return Receipt Requested 7022 0410 0003 1066 5658 Wayne Smith Wayne's Backhoe Service Inc. 20 Thomasboro Road SW Calabash,NC 28467 RE: Lakes of Lockwood II Mining Permit No. 10-62 Brunswick County Lumber River Basin Dear Mr. Smith: This office received a release request for the above referenced mine on October 25,2023. An inspection was made of the above mine on November 17, 2023, in accordance with G.S. §74-56 of the Mining Act of 1971. As per the reclamation plan the mine was found to be in development under the erosion control permit# Bruns- 2022-083. Therefore, your company is released from further reclamation responsibility for this site with respect to the Mining Act of 1971. I am returning your company's Irrevocable Standby Letter of Credit No. 1088 issued by Waccamaw Bank in the sum of$28,400.00 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, Adam Parr,PE State Mining Engineer AP/cc Enclosures: ISLOC#1088 cc: Dan Sams,PE Mr. Mike Lawyer Mr. Beau Thomas-DOL,Mine and Quarry Bureau D E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh,North Carolina 27699-1612 NORM CAROLINA - oepan emotenvl—emlQuai1 /`� 919.707.9200 WACCAMAW BANK MDOM FDIC Irrevocable Standby Letter of Credit No. 1088 November 9,2009 $282400.00 RECEIVED State of North Carolina Department of Environment and Natural Resources �'.11 � 3 2�'�� 1612 Mail Service Center -.0 Raleigh, NC 27699-1612 [.AND 01 AL:77 , Applicant: Wayne's Backhoe Service, Inc. 20 Thomasboro Road Calabash, NC 28467 Brunswick County Mining Permit No. 10-62 To Whom It May Concern: 1) The APPLICANVOPERATOR desires to engage in mining operations within the State of North Carolina, under the provisions of the Mining Act of 1971,N.C. Gen. Stat. 74-46, et seg., and the administrative rules promulgated there under. 2) N. C. Gen. Stat. 74-50 requires that operators engaged in mining shall first obtain an operating permit from the N. C. Department of Environment and Natural Resources ("DENR") which covers the affected land and which has not terminated, been revoked, been suspended for the period in question, or otherwise become invalid. N. C. Gen. Stat. 74-54 requires that each applicant for an operating permit, or for the renewal thereof, shall file with DENR, and shall thereafter maintain in force, a bond in favor of the State of North Carolina in an amount as prescribed by Title 15A N.C. Administrative Code Subchapter 5B.0003. N. C. Gen. Stat. 74-54 further provides that in lieu of the surety bond, an applicant or operator may file with DENR a cash deposit, negotiable securities, or an assignment of a savings account in a North Carolina bank. 3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DENR, in lieu of the surety bond required to be files by the APPLICANT/OPERATOR, as provided by N. C. Gen. Stat. 74-54. 4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF CREDIT in favor of DENR,,for the account of Wayne's Backhoe Service, Inc. for the amount of Twenty-Eight Thousand Four Hundred Dollars and no 100's ($28,400.00), available by DENR's draft(s) drawn on sight. 5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire on November 9, 2010. 7`he expiration date shall be extended automatically fora period of one year on November 9, 2010 and on each successive expiration date, unless, at.least sixty(60) days prior to the expiration date, the undersigned notifies DENR and the OPERATOR by certified mail, return A WACCAMW BANKSHARES BANK NASDAQ SYMBOL: \t'BNK %VW7V-W-ACCAN1AWBANK.00M 200 SMITH AVENUE PO BOX 2241 S�-aLUOTTE, NC 28459 receipt requested that the undersigned will not extend this letter of credit beyond the current expiration date. If the undersigned notifies DENR that this letter of credit will not be extended, any unused portion of the credit shall be available upon presentation of DENR's sight draft within sixty(60) days after DENR's or the OPERATOR's receipt of such notification, whichever. is later. 6) This IRREVOCABLE STANDBY LETTER OF CREDIT is nontransferable. 7) Draft(s) shall be marked"Drawn Under Waccamaw Bank Credit No.1088 "and shall include the following documentation: (a) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "In accordance with N. C. Gen. Stat. 74-59, we have received a notice of forfeiture of part or all of the-Bond amount. The amount of our drawing does not exceed the amount of the forfeiture as set forth in such notice."; or (b) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "We have received from Waccamaw Bank written notice stating(1) that this IRREVOCABLE STANDBY LETTER OF CREDIT has not been renewed; and, (2) that the amount of our drawing does not exceed the Bank Amount, less any previous forfeitures thereunder, pursuant to notices received in accordance with N.C. Gen. Stat. 74-59.", or (c) A signed certificate by DENR, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and stating that: "We have received from Waccamaw Bank written notice stating(1)that there exists an Event of Default under the Credit Agreement(as defined in the IRREVOCABLE STANDBY LETTER OF CREDIT); (2) that a drawing should be made under this IRREVOCABLE STANDBY LETTER OF CREDIT; and (3) that the amount of the drawing does not exceed the bond amount, less any previous forfeitures thereunder, pursuant to notices received in accordance with N.C. Gen. Stat. 74-59." 8) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the Uniform Customs and Practice for Documentary Credits (1992 Revision), International Chamber of Commerce Publication No. 500 and the laws of the State of North Carolina. In the event of any conflict, the laws of the State of North Carolina will control. 9) Waccamaw Bank hereby agrees with the drawers, endorsers, and bona fide holders that all drafts drawn under and in compliance with the terms of this IRREVOCABLE STANDBY LETTER OF CREDIT will be duly honored upon presentation to this bank/issuing institution. Very truly yours, Waccamaw Bank Dianne F. McRainey Vice President November 9, 2009 Sworn and subscribed to before me this the 9th day of November, 2009. y SS1eN ,L F ; MARCHA:N otary lic = 06 y 0 2013 qF c, -.qaU pu My Commission Expires: J 1